Handbook Revision, November 2, 2020

This revision of the Child Protective Services Handbook was published on November 2, 2020.

On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.

See:

Child Protective Services Revisions

Child Protective Investigations Revisions

Child Protective Services Revisions

None

Child Protective Investigations Revisions

Removal (PATS 12227)

CPS and CPI are updating their removal policies to ensure they are consistent, accurately reflect the law, and provide appropriate guidance to staff.

See:

2240 Interviewing, Examining, and Transporting, and Removing a Child

2241 Constitutional Protections Under the Fourth Amendment

2242 2241 General Requirements for Consent

2242.1 2241.1 Capacity to Consent

2242.11 2241.11 Determining Whether a Child Has the Capacity to Consent

2242.2 2241.2 Authority to Consent

2242.3 2241.3 Voluntary Consent

2242.4 2241.4 Withdrawing Consent

2242.5 2241.5 Documenting Consent and Actions Taken Based on Exigent Circumstances

2243 2242 Entering the Home

2243.1 2242.1 Consent to Enter the Home

2243.11 2242.11 Who Has the Authority to Give Consent to Enter the Home

2243.12 2242.12 Consent Provided by an Adult Resident of the Home

2243.2 2242.2 Exigent Circumstances

2243.3 2242.3 Court Order

2244 2243 Interviews With Children

2244.1 2243.1 Time Frames for Interviewing Children

2244.2 2243.2 Interviewing Other Children in the Home

2244.3 2243.3 Consent to Interview a Child

2244.31 2243.31 Consent to Interview a Child at Home

2244.32 2243.32 Consent to Interview a Child at School

2244.4 2243.4 Conducting the Interview

2244.41 2243.41 Assessing Communication Needs when Interviewing a Child

2244.5 2243.5 Notifying a Parent that a Child Has Been Interviewed

2244.6 2243.6 Interviews with Children at Specialized Facilities

2244.7 2243.7 Accepting Child Interviews Conducted by Others

2245 2244 Visual Examinations

2245.1 2244.1 Consent for Visual Examination of a Child at Home or in the Presence of a Parent or Other Person Responsible

2245.2 2244.2 Consent for Visual Examination of a Child at School

2245.21 2244.21 Visual Examination of a Child at a School Under TEA Jurisdiction

2245.22 2244.22 Visual Examinations of a Child at a School Not Under TEA Jurisdiction

2245.3 2244.3 Conducting a Visual Examination

2245.4 2244.4 Audio and Visual Documentation of a Child's Interview and Injuries to the Child

2245.5 2244.5 Examinations by External Entities

2245.51 2244.51 Sexual Abuse Examinations

2245.52 2244.52 Medical, Psychological, and Psychiatric Assessments

2246 2245 Transporting a Child

2246.1 2245.1 Authority to Transport a Child From School

2246.11 2245.11 Parental Consent

2246.12 2245.12 Court Order

2246.13 2245.13 Reasonable Belief

2246.2 2245.2 Transporting a Child in Other Circumstances

2246.3 2245.3 Notifying the Parents Before Transporting a Child

2247 Removing a Child from the Child’s Home

2248 2246 Interviews and Contact with Parents, Alleged Perpetrators, Other Adults, and Principals

2248.1 2246.1 Interviewing Parents and Alleged Perpetrators

2248.11 2246.12 Assessing Communication Needs when Interviewing an Adult

2248.2 2246.2 Recording Interviews With of an Adult

2248.3 2246.3 Obtaining Demographic Information from Principals

2248.4 2246.4 Required Documents to Provide to Parents

2248.5 2246.5 Complaints or Requests for Clarification from Alleged Perpetrators or Principal Adults

2248.6 2246.6 Determining Alleged Perpetrator’s Military Status

2250 Home Visits

2251 Safe Sleep

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3220 Taking Legal Custody of Removing a Child

3221 Initiating a Removal

3221.1 Required Approvals

3221.2 Exigent Removal Without a Court Order

3221.3 Required Actions to Rescind Decision for Emergency or Nonemergency Removal

3221.4 Documents That Must be Provided to Parents in Exigent Circumstances

3221.5 Explaining the Process to Parents and Caregivers

3221.6 Gathering Information from Parents and Children

3221.7 Explaining the Removal to the Child

3222 Making a Placement in Substitute Care

3223 Discussion of Child's Needs

3224 Notification

3225 Court Filings

3221 3226 Notification and Conservatorship Caseworker Assignment

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5400 From Removal to the Adversary Hearing

5410 Types of Court Orders and the Process for Obtaining a Court Order for Removing a Child

5411 Obtaining a Court Order Before Conducting an Emergency Removal

5411.1 Standard for Obtaining a Court Order Before Conducting an Emergency Removal

5411.2 Basic Process for Obtaining a Court Order Before Conducting an Emergency Removal

5411.3 Standards for Court’s Decision for Granting an Order to Removal the Child in an Emergency

5412 Conducting an Emergency Removal Before Obtaining a Court Order

5412.1 Standard for Conducting an Emergency Removal Before Obtaining a Court Order

5412.11 Exigent Circumstances

5412.2 Basic Process for Conducting an Emergency Removal Before Obtaining a Court Order and for Filing a Petition After an Emergency Removal

5412.3 Standards for the Court’s Decision at the Ex Parte Emergency Hearing After Removal

5412.4 Process When an Emergency Hearing Is Not Held Within the Required Time Frame

5413 Conducting a Nonemergency Removal

5413.1 Standard When Conducting a Nonemergency Removal

5413.2 Basic Process When Conducting a Nonemergency Removal

5414 Obtaining a Waiver of the Requirement to Provide Notice of Removal

5415 Rescinding the Decision for Emergency or Nonemergency Removal

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5431 Requirements for the Adversary Hearing

5431.1 Evidence Required on Request Prior to Adversary Hearing

5431.11 Required Information Provided to the Court Before the Adversary Hearing

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6120 Initial CVS Caseworker Activities

6121.1 Initial Removal: CVS Caseworker Must Take Actions Not Taken by Removal Worker

6122 Consulting With Staff After a Child Is Removed

6121 6122.1 Schedule Complete a Post-Removal Transfer Staffing

6122.2 Scheduling a Transfer Visit

6122 6121 Required Tasks at Conservatorship Assignment

6123 6121.2 Ongoing Duty to Provide Initial Removal: Providing Notice of CPS Conservatorship

6124 6123 Case Conference and Supportive Supervision in CVS, Local Permanency, and Kinship

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12670 Removing a Child